I've read the entries on this topic in the Forum, watched some of the testimony on video and did a little research on my own regarding manslaughter and murder as understood in the State of Texas.
From one law firm's website:
"In order to be charged with murder, the defendant must have knowingly and willingly caused the death of another person. The biggest distinguishing factor between murder and manslaughter involves the intent of the perpetrator. If the defendant intended to cause serious bodily harm or death, or intended to commit a felony other than manslaughter that resulted in death, he or she can be charged with murder." I don't know it this information is correct or not. These guys are lawyers, but they're not my lawyer.
While she may have believed she was in her apartment, she wasn't and it was due to a tragic mistake on her part. But is was her mistake, not Jean's, so I don't think she's entitled to claim a Castle Doctrine defense. If it's not your Castle; it's not your defense doctrine.
What got me was she had other options than pulling her service weapon and shooting. I know, hindsight always seems to be 20/20.
I think the proper procedure for police is to call for back up, secure the area as much as possible and wait for additional help to arrive. Clearing a house or engaging a suspect solo is only done when there is no other option or course of action available.
But Guyger had options.
He was not advancing on her as she claimed and that can be proved by the physical evidence. I don't remember hearing or reading if she saw (or thought she saw) a weapon. So she seemed not to be in immediate danger given the distance they were apart and there was an open door just behind her after entering the apartment. There seemed was plenty of light with the TV and computer screens illuminated, so it should have been possible to see the room. Apparently there was enough light to facilitate her shot so close to center mass.
If Jean was not advancing on her and she could or should have retreated to safety, per to her police training, I believe that she intended to do him harm, caused his death and was charged with murder. The additional issues of her texting her married boyfriend, failure to render aid when she knew she should have and the issue with her being removed from the squad car inappropriately all contributed to an appearance of an ill-timed cover-up attempt. A guilty party trying to minimize the damage?
I think she was properly charged, tried and sentenced. I support law enforcement (those folks have a job that would be the stuff of nightmares), but I also want them held to at least the same standard as we common folk. There are some events when an officer should get the benefit of the doubt, however, each event should be judged on it's own circumstances and, if necessary, the officer should be charged, tried and judged accordingly.
There are no winners in this case; only losers. Two lives gone; Jean to death and Guyger to something that may actually be worse than death.
Her mind will torture her for the rest of her life and that may be more painful than prison in the long run.
This is obviously my opinion and worth way less than what you paid; which was nothing.
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